


                     ARIZONA DECLARATION OF RIGHTS

           (Article II of the 1912 Constitution of Arizona As
                      revised to January, 1975)              

                               ARTICLE II

                         DECLARATION OF RIGHTS



Sec. 1.   A frequent recurrence to fundamental principles is essential
          to the security of  individual rights and the  perpetuity of
          free government.

Sec. 2.   All political  power is inherent in the people,  and govern-
          ments derive their just powers from the consent of the  gov-
          erned, and are established to protect and maintain  individ-
          ual rights.

Sec. 3.  The Constitution of  the United States is the supreme  law of
         the land.

Sec.  4.  No  person shall be  deprived of life, liberty,  or property
          without due process of law.

Sec. 5.   The right of petition, and of the people peaceably to assem-
          ble for the common good, shall never be abridged.

Sec.  6.  Every  person may  freely speak, write,  and publish on  all
          subjects, being responsible for the abuse of that right.

Sec.  7.  The mode of administering an oath, or affirmation, shall  be
          such as shall be most  consistent with and binding upon  the
          conscience of the person to whom such oath, or  affirmation,
          may be administered.

Sec.  8.  No person shall be disturbed in his private affairs, or  his
          home invaded, without authority of law.

Sec.  9.  No law granting irrevocably any privilege, franchise, or im-
          munity shall be enacted.

Sec. 10.  No  person shall be compelled  in any criminal case  to give
          evidence against himself,  or be twice  put in jeopardy  for
          the same offense.

Sec. 11.  Justice in all cases shall be administered openly, and with-
          out unnecessary delay.

Sec. 12.  The liberty of conscience secured by the provisions of  this
          Constitution shall not be so construed as to excuse acts  of
          licentiousness, or justify  practices inconsistent with  the
          peace and safety of the State.  No public money or  property
          shall be appropriated for  or applied to any  religious wor-
          ship, exercise,  or instruction,  or to  the support  of any
          religious establishment.   No religious qualification  shall
          be required for any  public office or employment,  nor shall
          any person be  incompetent as a  witness or juror  in conse-
          quence of his  opinion on matters  of religion nor  be ques-
          tioned touching his religious belief in any court of justice
          to affect the weight of his testimony.

Sec. 13.  No  law shall be enacted  granting to any citizen,  class of
          citizens, or corporation other than municipal, privileges or
          immunities which,  upon the  same terms,  shall not  equally
          belong to all citizens or corporations.

Sec. 14.  The privilege of the writ of habeas corpus shall not be sus-
          pended by the authorities of the State.

Sec. 15.  Excessive  bail shall  not be required,  nor excessive fines
          imposed, nor cruel and unusual punishment inflicted.

Sec. 16.  No conviction shall work corruption of blood, or  forfeiture
          of estate.

Sec. 17.  Private property shall not be taken for private use,  except
          for private ways  of necessity, and  for drains, flumes,  or
          ditches, on or across the lands of others for mining,  agri-
          cultural, domestic, or sanitary purposes. No private proper-
          ty shall be taken or damaged for public or private use with-
          out  just  compensation  having  first  been made, paid into
          court for the owner, secured by bond as may be fixed by  the
          court, or paid into the state treasury for the owner on such
          terms and conditions as the legislature may provide, and  no
          right of way shall be appropriated to the use of any corpor-
          ation other than municipal, until full compensation therefor
          be first made in money,  or ascertained and paid into  court
          for the owner, irrespective of any benefit from any improve-
          ment proposed by such corporation, which compensation  shall
          be ascertained  by a  jury, unless  a jury  be waived  as in
          other civil cases  in courts of  record, in the  manner pre-
          scribed by law. Whenever an attempt is made to take  private
          property  for  a  use  alleged  to  be  public, the question
          whether the  contemplated use  be really  public shall  be a
          judicial question, and determined as such without regard  to
          any legislative assertion that the use is public.

Sec. 18.  There shall be no imprisonment for debt, except in cases  of
          fraud.

Sec. 19.  Any person having knowledge or possession of facts that tend
          to establish the  guilt of any  other person or  corporation
          charged  with  bribery  or  illegal  rebating,  shall not be
          excused from  giving testimony  or producing  evidence, when
          legally called upon to do so, on the ground that it may tend
          to  incriminate  him  under  the  laws  of the State; but no
          person  shall  be  prosecuted  or  subject to any penalty or
          forfeiture for, or on  account of, any transaction,  matter,
          or  thing  concerning  which  he  may  so testify or produce
          evidence.

Sec. 20.  The military shall  be in strict subordination to the  civil
          power.

Sec. 21.  All elections shall  be free and equal, and no  power, civil
          or military, shall at any time interfere to prevent the free
          exercise of the right of suffrage.

Sec. 22.  All persons charged with crime shall be bailable by  suffic-
          ient sureties, except for:  Capital offenses when the  proof
          is evident or the presumption great.

Sec. 23.  The right of  trial by jury shall remain inviolate.   Juries
          in criminal cases in which a sentence of death or  imprison-
          ment for  thirty years  or more  is authorized  by law shall
          consist of twelve persons.  In all criminal cases the unani-
          mous consent of  the jurors shall  be necessary to  render a
          verdict.  In all other cases, the number of jurors, not less
          than six, and the number required to render a verdict, shall
          be specified by law.

Sec. 24.  In criminal  prosecutions, the accused shall have  the right
          to appear and  defend in person,  and by counsel,  to demand
          the nature and cause of the accusation against him, to  have
          a copy thereof,  to testify in  his own behalf,  to meet the
          witnesses  against  him  face  to  face,  to have compulsory
          process to  compel the  attendance of  witnesses in  his own
          behalf, to have a speedy  public trial by an impartial  jury
          of the county in which  the offense is alleged to  have been
          committed, and the right to  appeal in all cases; and  in no
          instance shall any accused  person before final judgment  be
          compelled  to  advance  money  or  fees to secure the rights
          herein guaranteed.

Sec. 25.  No  bill of  attainder, ex-post-facto law,  or law impairing
          the obligation of a contract, shall ever be enacted.

Sec. 26.  The right of the individual citizen to bear arms in  defense
          of himself or the State  shall not be impaired, but  nothing
          in this section shall  be construed as authorizing  individ-
          uals or  corporations to  organize, maintain,  or employ  an
          armed body of men.

Sec. 27.  No standing army shall  be kept up by this State in  time of
          peace, and no soldier shall in time of peace be quartered in
          any house without the consent  of its owner, nor in  time of
          war except in the manner prescribed by law.

Sec. 28.  Treason against the State shall consist only in levying  war
          against the State, or adhering to its enemies, or in  giving
          them aid and comfort.  No person shall be convicted of trea-
          son unless  on the  testimony of  two witnesses  to the same
          overt act, or confession in open court.

Sec. 29.  No  hereditary  emoluments, privileges,  or powers  shall be
          granted or conferred, and no law shall be enacted permitting
          any perpetuity or entailment in this State.

Sec. 30.  No person  shall  be prosecuted criminally  in any court  of
          record for felony or misdemeanor, otherwise than by  inform-
          ation  or  indictment;  no  person  shall  be prosecuted for
          felony  by  information  without  having  had  a preliminary
          examination  before  a  magistrate  or  having  waived  such
          preliminary examination.

Sec. 31.  No law shall be enacted in this State limiting the amount of
          damages to be recovered for  causing the death or injury  of
          any person.

Sec. 32.  The provisions of this Constitution are mandatory, unless by
          express words they are declared to be otherwise.

Sec. 33.  The enumeration in this Constitution of certain rights shall
          not be construed to deny others retained by the people.

Sec. 34.  The State  of Arizona and each municipal  corporation within
          the State of Arizona shall  have the right to engage  in in-
          dustrial pursuits.

          Note: This document may be incomplete

